Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 18)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 18) was enacted to address the need for a specific allowance to be paid to certain Defence Force members in response to the COVID-19 pandemic. This notifiable instrument was made by Leah Bellew, the Acting Director Drafting and Engagement in the Department of Defence, under section 4.12.4 of Defence Determination 2016/19, Conditions of service. The instrument aims to ensure that eligible Defence members receive the Operation COVID-19 ASSIST Allowance, which is designed to assist members affected by the pandemic. This allowance is payable from 13 September 2023, as specified in the instrument, to those members who fall within the class of members outlined in Schedule 1 of this Instrument.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 18) applies to members of the Australian Defence Force who are assigned specific PMKeyS numbers, as detailed in Schedule 1 of the instrument. This instrument is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service. It specifies that the Operation COVID-19 ASSIST Allowance is payable to eligible members from 13 September 2023. The instrument's application is limited to the class of members defined in the schedule and commences on its registration on the Federal Register of Legislation. There are no stated exclusions, exemptions, or thresholds within this instrument itself; however, the application may be further defined or modified through subordinate instruments issued under the Defence Determination 2016/19.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 18) outlines the operational aspects and eligibility criteria for the Operation COVID-19 ASSIST Allowance. Section 4 specifies that this allowance is payable to certain members of the Defence Force starting from 13 September 2023. The allowance is determined based on the specific PMKeyS numbers listed in Schedule 1 of the Instrument, which includes a comprehensive list of eligible members. This legislation imposes specific obligations on the Department of Defence and eligible members. The Department of Defence is required to ensure that the allowance is calculated and paid accurately to the eligible members. Members, on the other hand, must ensure that they meet the eligibility criteria outlined in Schedule 1. If there are any changes in their circumstances that may affect their eligibility, they must notify the appropriate authorities. Failure to comply with the provisions of this Instrument can lead to serious consequences. While the specific penalties are not detailed in the text, breaches of Defence legislation typically result in disciplinary action, which can range from fines to more severe penalties depending on the nature and severity of the breach. The exact nature and extent of the penalties would be governed by the Defence Force Discipline Regulations and other relevant legislation. In addition to potential criminal penalties, there may also be civil consequences for non-compliance. This could include the requirement to repay any allowances received in error, interest on the amounts, and potentially legal action for damages if the non-compliance caused harm to the Defence Force or other parties. The Instrument is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and it comes into effect upon registration on the Federal Register of Legislation. This ensures that the provisions are legally binding and enforceable from the date of registration.